Daily Archives: March 7, 2016

March 07, 2016 Case Success Stories
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$375,000 Labor Law Settlement -- Work Injury When Construction Worker Falls Off Ladder

New York — This 51-year-old construction accident victim suffered leg fractures and other personal injuries while at work. The work injury occurred when the worker fell from a ladder. With the assistance of the labor law and injury specialists at Morrison & Wagner, the injured worker received a settlement of $375,000 from the defendant.

Illustrative Photo Credit: Jay Gorman [License]

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Labor law – fall from ladder – summary judgment on liability – tibia and fibula fractures with surgery (VerdictSearch)

Settlement Amount: $375,000

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Court: New York Supreme, New York County, New York

Case Type: Construction – Labor Law, Scaffolds and Ladders

Date: March 5, 1999

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner

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Facts:

The plaintiff, a 51-year-old laborer fell from a ladder on 1/11/95 while performing construction in Manhattan. The defendants owned and managed the building. The plaintiff was granted summary judgment against the defendant, pursuant to Labor Law § 240(1), and the defendant was granted summary judgment against Third-party defendant.

Injury:

Comminuted and impacted tibial fracture with lateral displacement; transverse fracture of the fibular shaft. The plaintiff underwent open reduction and internal fixation, external fixation, and a bone graft to the fibular fracture from the iliac bone crest.

Result:

This Labor Law action settled after jury selection for $375,000, plus the waiver of a $60,000 Workers’ Compensation lien.

Demonstrative evidence: Pltf. would have introduced photographs of injury; X-rays.

March 07, 2016 Case Success Stories
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$ 450,000 Compensation -- Van Hits Child Pedestrian Crossing the Street

New York — A speeding van struck a young girl who was crossing the street. She sustained an ankle fracture and other personal injuries from the motor vehicle accident. The girl’s family sued the driver and recovered $450,000 in damages, thanks to the specialist accident lawyers of Morrison & Wagner.

Illustrative Photo by Eyone [Licensing cc-by-sa-2.5]

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Driver ignored red light, struck girl, suit alleged (VerdictSearch)

Settlement Amount: $450,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle-fracture (pilon fracture); ankle-fracture (fracture, bimalleolar); other-swelling; other-physical therapy; other-comminuted fracture; surgeries/treatment-open reduction; surgeries/treatment-internal fixation

Case Type: Motor Vehicle – Speeding, Red Light, Pedestrian

Date: September 3, 2008

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY, for the plaintiff

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Facts:

On May 13, 2006, the 9-year-old plaintiff was struck by a van. The incident occurred on Jerome Avenue, near its intersection at East Fordham Road, in the Fordham section of the Bronx. She sustained injuries of an ankle and a leg.

The girl’s mother, acting as her daughter’s parent and natural guardian, sued the van’s driver and the van’s owner. The mother alleged that the driver was negligent in the operation of his vehicle. She further alleged that the van’s owner was vicariously liable for the driver’s actions.

The pedestrian accident victim claimed that the driver ignored a red traffic signal, that he was speeding and that he failed to yield the right of way.

The van driver contended that the young pedestrian abruptly walked onto the street and initiated contact with the side of his van. He also contended that she ignored a red pedestrian-traffic signal that should have prevented her entrance to the intersection.

Deposed witnesses did not provide conclusive accounts of the manner in which the accident occurred.

Injury:

The girl sustained a bimalleolar fracture — a fracture of both sides of the ankle’s malleolus, which is the ankle’s bony protuberance. The injury affected her left ankle. She also sustained a pilon fracture of her left leg. A pilon fracture is a comminuted fracture of the lowest portion of a leg’s tibia. Her fractures were treated via open reduction, and she also underwent the internal fixation of a rod that was attached to her left leg’s fibula. The surgeon noted that the girl was suffering some disruption of the associated growth plate, but persistent swelling was the only complication of the healing process. However, the surgeon also noted that swelling may be a precursor to arthritis. The accident victim also underwent about two months of physical therapy.

The girl’s mother sought recovery of damages for her past and future pain and suffering.

Result:

The parties negotiated a $450,000 pretrial settlement.

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Judge: Wilma Guzman

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

March 07, 2016 Case Success Stories
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$500,000 Mediated Settlement -- Construction Worker Fell From Forklift

New York — A 54-year-old construction and demolition worker suffered a fall injury when he fell from a forklift truck. No safety equipment to prevent this had been issued to the man prior to this accident. He was left with a spinal injury. The injured worker consulted with an expert work injury attorney at Morrison & Wagner, who believed that the man was placed in a dangerous situation by the employer. The law firm helped mediate a $500,000 settlement payment to the injury victim.

Illustrative Photo Credit: D Coetzee [License]

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Worker fractured spine in fall off of forklift (VerdictSearch)

Mediated Settlement Amount: $500,000

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Court: Nassau Supreme, Nassau County, New York

Injury Type(s): back-fracture(fracture, L5); vertebra(fracture, L5); other-physical therapy; other-decreased range of motion

Case Type: Workplace – Forklift; Slips, Trips & Falls – Slips, Trips & Falls, Fall from Height
Worker/Workplace Negligence – Labor Law; Alternative Dispute Resolution – Mediation

Date: September 27, 2010

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

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Facts:

On July 30, 2008, the plaintiff, 54, a laborer, worked at a boatyard that was located in Oceanside. The plaintiff was demolishing an abandoned houseboat. The residual debris was being placed in drums, and the drums were being loaded onto a forklift, hoisted and transported to a dumpster. During the course of that operation, the worker fell off of the elevated prongs of the forklift. He fell about 10 feet, and he sustained an injury of his back.

The injured worker sued the demolition contractor that hired him, the premises’ owner, and the companies’ common principals. The plaintiff alleged that the defendants violated the New York State Labor Law.

The injury victim, who claimed that he regularly worked for the company, contended that the defendants had not provided a harness or any other equipment that could have prevented his fall. The plaintiff’s expert engineer opined that the absence of such equipment created an unsafe working condition.

The injured man’s counsel contended that the incident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that the plaintiff was not provided the proper, safe equipment that is a requirement of the statute.

One of the defendants contended that he had directed the company’s supervisor to fire the workman during the day that preceded the accident, but that the supervisor did not heed the instructions. The defendant claimed that he was not aware that the plaintiff had not been fired.

Injury:

The work accident victim sustained a fracture of his L5 vertebra. He was transported to a hospital, where he underwent five days of traction. His hospitalization lasted five days, and he subsequently underwent physical therapy.

The plaintiff claimed that he suffers a permanent residual reduction of his back’s range of motion, and he contended that he cannot resume work. The man’s expert orthopedic surgeon determined that Galvan sustained a severe injury and that the plaintiff cannot ambulate without the use of a cane.

The worker sought recovery of his future lost earnings and damages for his past and future pain and suffering.

The defendant’s counsel reported that he commissioned production of a post-accident videotape that proves that the plaintiff does not require a cane.

Result:

Each side moved for summary judgment, and the defendant’s insurer commenced a declaratory-judgment action that could have established that the insurer’s coverage did not extend to people who were working at the boatyard. During pendency of the motions and the declaratory-judgment action, the parties negotiated a settlement, which was finalized via the guidance of a mediator. The defendant’s insurer agreed to pay $500,000, from a policy that provided $1 million of coverage.

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Judge: Thomas A. Adams, Joseph P. Spinola

Editor’s Comment: This report is based on court documents and information that was provided by plaintiff’s and defense counsel.

March 07, 2016 Case Success Stories
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$500,000 Total Settlement -- Woman Claims Emotional Suffering Due to Wrongful Imprisonment, Malpractice

New York — This 27-year-old woman was pregnant when she was arrested in the Bronx. She was then held without bail for 79 days despite the fact that she insisted there was a mistaken identity. She was held based on a warrant out of Kentucky for someone with the same name and date of birth. Her baby was born while the woman was still in jail. The woman contended that her lawyer and the City of New York did not listen to her and were liable for emotional injuries that they caused. She came to the injury law firm of Morrison & Wagner and filed a lawsuit. They negotiated a settlement for $500,000 to compensate the victim.

Illustrative Photo Credit: Sara Jo [License]

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Arrestee claimed lawyer, DA, ignored mistaken-identity proof (VerdictSearch)

Total Settlement Amount: $500,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
mental/psychological – emotional distress

Case Type: Government – Police, Municipalities; Legal Profession – Malpractice; Government – False Imprisonment; Intentional Torts – False Arrest; Worker/Workplace Negligence – Negligent Training

Date: March 21, 2012

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY

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Facts:

On Feb. 2, 2007, the plaintiff, a 27-year-old unemployed pregnant woman, was arrested. Firearms, marijuana and a scale — apparently used for the processing of illegal drugs — had been found in her residence, an apartment building that was located in the Concourse section of the Bronx. The plaintiff’s boyfriend, who shared the apartment, was also arrested.

During the processing of the woman’s arrest, a police officer learned that the state of Kentucky had an outstanding warrant for a woman with the same name whose birth date matched that of he plaintiff in the instant case. As such, the the plaintiff was deemed a flight risk and denied bail.

The woman claimed that she was not the woman who was the subject of Kentucky’s warrant. Her lawyer was unable to prove that claim, and the plaintiff’s imprisonment lasted 79 days — until the district attorney determined that the materials found in her department were her boyfriend’s possessions and until Kentucky officials located the woman who was the actual subject of the warrant. During her imprisonment, the woman’s baby was born.

The plaintiff sued the city of New York. She alleged that she was falsely arrested and imprisoned, that the city was negligent in its oversight and training of the district attorney who managed her case, and that the actions of the district attorney and the arresting police officer constituted a violation of her civil rights and allowed recovery via application of 42 U.S.C. § 1983.

In a separate filing, the woman sued her former lawyer. She alleged that he failed to properly defend her case. She further alleged that his failure constituted malpractice.

The cases were consolidated.

The plaintiff claimed that her former lawyer and the district attorney ignored evidence that confirmed that she was not the individual who was the subject of Kentucky’s warrant. She contended that medical, prison and school records demonstrated that she and the other woman had different middle names, different facial features and different skin tone. She claimed that the documents were given to her lawyer and the district attorney, but that neither party’s files or records indicate that a mistaken-identity defense had been asserted or investigated.

The arrested woman also claimed that her former lawyer failed to rigorously assert a defense and instead repeatedly recommended extradition.

The city’s counsel contended that the plaintiff’s former lawyer did not assert a mistaken-identity defense. They claimed that such an assertion would have triggered an immediate investigation. They also claimed that the plaintiff’s fingerprints matched those of the woman who was the subject of Kentucky’s warrant.

The jailed woman’s former lawyer contended that he repeatedly contacted the district attorney’s office to assert a mistaken-identity defense. He also noted that the plaintiff’s imprisonment lasted 79 days — one day short of the state penal code’s 80-day requirement for timely discharges.

Injury:

The plaintiff endured 79 days of imprisonment. Her child was born during her imprisonment.

The woman sought recovery of economic damages and damages for her past and future emotional suffering. Her former lawyer was not legally liable for noneconomic damages.

Result:

The parties negotiated a pretrial settlement. The city agreed to pay $495,000, and the plaintiff’s former lawyer agreed to pay $5,000. Thus, the settlement totaled $500,000.

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Judge: Larry S. Schachner

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel and counsel of the city of New York. The lawyer’s counsel did not respond to the reporter’s phone calls.

March 07, 2016 Case Success Stories
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$500,000 Pre-Trial Settlement for Teen Pedestrian Hit by a Car, Skull Fracture

New York — A teenage boy was struck by a vehicle as he crossed an intersection at a traffic light. The pedestrian accident victim was thrown into the air and suffered a head injury with skull fracture. The team at Morrison & Wagner helped the boy and his mother recover a $500,000 settlement in the lawsuit against the driver and his insurance carriers.

Illustrative Photo Credit: kc7fys [License]

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Motorist, injured teen debated status of traffic signals (VerdictSearch)

Settlement Amount: $500,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s):
head-fracture; skull; other-craniotomy

Case Type: Motor Vehicle – Pedestrian, Question of Lights

Date: January 22, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY, for the Plaintiff, and son

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Facts:

At about 8:45 p.m. on Jan. 9, 2013, the plaintiff, a 14-year-old boy, was struck by a motor vehicle. The incident occurred on Woodmere Boulevard, alongside its intersection at West Broadway, in Woodmere. The victim was tossed onto a sidewalk, and he sustained an injury of his head.

The teenage boy’s mother, acting individually and as his parent and natural guardian, sued the vehicle’s driver. The plaintiffs alleged that the driver was negligent in the operation of his vehicle.

The victim acknowledged that he ran across the roadway, but he claimed that a green traffic signal permitted his entrance to the roadway. He further claimed that the signal remained green the entire time that he was on the roadway. Thus, plaintiffs’ counsel contended that the boy possessed the right of way.

The boy also claimed that he had crossed all but 3 or 4 feet of the roadway when the impact occurred. Plaintiffs’ counsel contended that the driver should have seen and avoided the pedestrian. An eyewitness claimed to have sounded a vehicle’s horn, to warn the driver and pedestrian, but that neither party reacted. The car driver suffers a cataract and experiences deficits of his audition, and plaintiffs’ counsel contended that the driver should not have been operating a motor vehicle.

The teen suffers a congenital defect that impairs his right ear’s audition. His right ear would have been the one closest to the vehicle that hit him and the witness’s vehicle. The defendant claimed that he stopped at a red signal upon reaching the intersection. He further claimed that the pedestrian boy entered the roadway after the signal had turned green.

Injury:

The pedestrian accident victim sustained a fracture of his skull. He was placed in an ambulance, and he was transported to Nassau University Medical Center, in the hamlet of East Meadow. He underwent an immediate craniotomy, which involved removal of extruded fragments of his skull. His head’s wound was closed via application of staples.

The victim claimed that his injury prevented his attendance of two weeks of school. His doctors have advised that he should avoid activities — such as skiing or playing football — that could result in an injury of his head.

The boy’s mother sought recovery of damages for his past and future pain and suffering. She initially presented a derivative claim, but her claim was not pursued.

Defense counsel contended that the boy recovered within two weeks of the accident.

Result:

The parties negotiated a pretrial settlement. The defendant’s primary insurer tendered its policy, which provided $250,000 of coverage, and the defendant’s excess insurer agreed to pay $250,000. Thus, the settlement totaled $500,000.

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Editor’s Comment: This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.

March 07, 2016 Case Success Stories
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$550,000 Payment in Trip and Fall Injury Lawsuit

New York — This 62-year-old man reported that he tripped and fell while walking down a step on private property. He fractured his leg and ankle and required surgery to try to repair the injuries. Unfortunately, he noted, he wasn’t able to return to work due to the injuries and pain. After speaking to a top injury lawyer at Morrison & Wagner, the victim decided to file a personal injury lawsuit against the owner and property manager of the home. They negotiated a $550,000 payment to compensate the man for his injuries.

Illustrative Photo Credit: diskychick [License]

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Landlord ignored broken walkway, visitor claimed (VerdictSearch)

Settlement Amount: $550,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s):
leg-fracture (fracture, tibia); ankle-fracture (pilon fracture); ankle-fracture distal fibula; other-plate; other-closed reduction; other-pins/rods/screws; other-comminuted fracture; other-decreased range of motion; surgeries/treatment-open reduction; surgeries/treatment-external fixation; surgeries/treatment-internal fixation

Case Type: Slips, Trips & Falls – Slips, Trips & Falls, Trip and Fall
Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Date: July 8, 2014

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY

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Facts:

During the evening of Oct. 27, 2011, the plaintiff, 62, a factory worker, fell on a walkway of a residence that was located in the Weeksville section of Brooklyn. He sustained injuries of an ankle.

The injured man sued the premises’ owner and the premises’ manager. The plaintiff alleged that the defendants were negligent in their construction and maintenance of the premises’ entryway path. He further alleged that the defendants’ negligence created a dangerous condition that caused his accident.

The injured plaintiff claimed that he tripped while descending a step that led from an entryway path to a sidewalk. The plaintiff’s expert engineer submitted a report in which he contended that a gap had been created by settling, shifting and/or tilting of segmented stones that formed the step’s upper riser. The expert also contended that the step’s flags were misaligned, creating a height differential of about 0.75 inches.

Defense counsel contended that any defects were oriented side by side — not to front to back — and therefore would not have caused a tripping incident. He also contended that the walkway’s damage created merely minimal defects. He further contended that, during a deposition, the plaintiff placed his fall several inches away from the defects identified by the injury victim’s expert.

Injury:

The plaintiff sustained a pilon fracture: a comminuted fracture of the lowest portion of a leg’s tibia, which forms an upper component of the associated ankle. The injury involved his right ankle. He also sustained a fracture of his right fibula’s distal region, which is another component of the right ankle.

The trip and fall victim was placed in an ambulance, and he was transported to Kings County Hospital Center, in Brooklyn. After four days had passed, his fractures were addressed via closed reduction and the application of an external fixation device. Soon thereafter, he underwent open reduction and the internal fixation of hardware that included three screws and six plates. His hospitalization lasted about two weeks.

The plaintiff claimed that he suffers permanent residual pain and a residual diminution of his right ankle’s range of motion. He claimed that he requires use of a cane and that he cannot tolerate prolonged periods in which he is standing or walking. He further claimed that his injuries prevent his resumption of his job.

The man sought recovery of past lost earnings, future lost earnings, and damages for past and future pain and suffering.

The defense’s expert orthopedist submitted a report in which he opined that the plaintiff achieved a good recovery and that he can be gainfully employed.

Result:

Defense counsel moved for summary judgment of liability. During pendency of the motion, the parties negotiated a settlement. The defendants’ insurer agreed to pay $550,000.

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Judge: David I. Schmidt

Editor’s Comment: This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.

March 07, 2016 Case Success Stories
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$600,000 Settlement -- Home Health Aid Injured in Nassau Car Crash

New York — A 52-year-old woman who was working as a home health aid suffered severe accident injuries in a car accident. The car was owned by her employer and being driven by a friend of the employer, who both died during the car crash. The injured woman consulted with the expert lawyers of Morrison & Wagner and filed a personal injury lawsuit against the estates of the employer and driver. The estates agreed to pay the injury victim $600,000 in damages.

Illustrative Photo (Altered to obscure license plate and address): Todd Dwyer [License]

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Heart failure, age blamed for fatal car crash (VerdictSearch)

Amount Recovered: $600,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle; other-laceration; other-tendon; severed/torn foot/heel-foot; neurological-nerve damage/neuropathy (nerve damage, peroneal nerve)

Case Type: Motor Vehicle – Speeding, Passenger, Single Vehicle

Date: June 15, 2007

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, L.L.P.; New York, NY

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Facts:

On March 26, 2003, the plaintiff, 52, was working as a home health attendant for defendant A, at defendant A’s home in Westbury. On this day, defendant B invited defendant A out to dinner and offered to drive. The three of them go into the garage, and the defendant B sat down in the driver seat of defendant A’s vehicle, while the plaintiff and defendant A got into the back seat. The vehicle then sped out of the garage, down the driveway, turned right and crashed into a house across the street. Defendant B, who was driving, was found unconscious at the accident scene and having sustained multiple injuries. He later died without having regained consciousness. Defendant A was also killed in the accident. The injured plaintiff claimed that as a result of the collision her feet became trapped under the front passenger seat and that she sustained severe lacerations of her right ankle and toes.

The woman accident victim sued defendant A’s estate and defendant B’s estate. She alleged that defendant B, as the driver, was negligent in the operation of the vehicle and that defendant A, as the vehicle owner, was vicariously liable for defendant B’s actions.

Defendant A’s estate commenced a separate action against defendant B’s estate, alleging that defendant B was negligent in the operation of the vehicle. The matters were joined for trial. However, the action by defendant A’s estate settled on Sept. 25, 2006, and the plaintiff’s matter continued against both defendants.

The woman claimed that defendant B was negligent for pulling out of the garage and driveway at an excessive rate of speed and for failing to keep proper control of the vehicle. Plaintiff’s counsel argued that defendant B should not have been driving at his advanced age of 86.

Defense counsel alleged that defendant B suffered a stroke or heart attack once he was behind the wheel and that this caused defendant B’s erratic driving. The defense contended that since this was an unforeseen event, there was no liability. Plaintiff’s counsel argued that there was no medical evidence to prove that defendant B had suffered either a heart attack or stroke.

Injury:

The plaintiff was placed in an ambulance and transported to Winthrop-University Hospital, in Mineola. She remained in the hospital for eight days and was diagnosed with compound lacerations of the dorsal aspect of the right foot, including lacerations of the extensor digitorum communis tendons and extensor digitorum brevis tendons of toes 2 through 5, and a laceration of the peroneal nerve in the right ankle. The car crash victim underwent operative repair of the peroneal nerve injury the day after the accident, followed by approximately 26 weeks of physical therapy, but she complained that it was not successful.

The plaintiff claimed that the lacerations of her right ankle and toes caused a loss of function to the long extensors of the lateral toes. She alleged that she was left with a club foot and had trouble walking. She sought recovery of damages for her past and future pain and suffering.

Defense counsel contended that the plaintiff made a good recovery from her injuries following the surgery. The defendant’s orthopedic expert determined that the surgery was successful and that the woman’s toes were OK. However, he found that she did experience a loss of sensation to the lateral two-thirds of her right foot due to the peroneal nerve laceration. He determined that the plaintiff could not actively extend her lateral toes, but that they were in a neutral position and did not curl downward or upward. Thus, the expert concluded that the woman did not suffer a disability.

Result:

The parties agreed to settle prior to trial for $600,000. Of the total settlement, defendant B’s estate paid $500,000, and defendant A’s estate paid $100,000.

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Judge: Howard R. Silver

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

March 07, 2016 Case Success Stories
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Award: $1.05 Million -- Pedestrians in Crosswalk Struck by Car in Brooklyn, New York

New York — A man and his daughter were crossing a Brooklyn street when they were struck by a car. The accident victims suffered multiple injuries and underwent extensive treatment. They sought the assistance of the experienced injury attorneys at Morrison & Wagner, who helped them win a total of $1,050,000 in compensation for their injuries, pain and suffering.

Illustrative Photo Credit: Benjamin Bousquet [License]

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Father, daughter claimed motorist struck them in crosswalk (VerdictSearch)

Actual Award: $1,050,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s): hip-fracture; leg-scar and/or disfigurement; head; head-headaches; head-concussion; knee-fracture; tibial plateau-fracture; brain-subdural hematoma; chest-fracture; rib; other-sutures; other-laceration; other-physical therapy; pelvis-fracture (fracture, pubic ramus); shoulder-fracture (fracture, clavicle); foot/heel-fracture; toe; mental/psychological-cognition (memory, impairment)

Case Type: Motor Vehicle – Pedestrian

Date: May 14, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY
Ira Cooper; trial counsel, Morrison & Wagner, LLP; New York, NY

— — —

Facts:

On Jan. 10, 2010, the plaintiff, 62, an attorney, and his daughter, a minor, were struck by, or collided with, a motor vehicle. The incident occurred on Elm Avenue, alongside its intersection at East 14th Street, in the Manhattan Terrace section of Brooklyn. The plaintiff sustained injuries of his head, his knees, a rib, a shoulder and a toe. His daughter sustained injuries of her hips and a thigh.

The injured man, acting individually and as his daughter’s parent and natural guardian, sued the vehicle’s driver and co-owner and the vehicle’s other co-owner. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that co-owner was vicariously liable for the driver’s actions.

Plaintiffs’ counsel claimed that the impact occurred in a crosswalk of Elm Avenue. They further claimed that the daughter and her father were struck by the front end of the vehicle. The driver acknowledged that he later noticed a dent of his vehicle’s front end and that the dent did not predate the accident.

The daughter claimed that the vehicle struck her right hip. Her father claimed that he sustained an injury that prevents his recollection of the impact or any other part of the accident, but Justice Richard Velasquez invoked the Noseworthy doctrine, which specifies that certain impairments permit a reduction of a plaintiff’s burden of proof.

The driver claimed that the daughter and her father entered the roadway and initiated contact with one side of his vehicle. Defense counsel noted that the father sustained a fracture of a toe. He suggested that the injury was a result of the toe having been crushed by one of the vehicle’s tires, and he argued that such a scenario could only have occurred if the plaintiff had approached from one side of the vehicle and stepped in front of one of its tires.

The driver claimed that he had scanned a distance of about 10 car lengths and did not notice pedestrians or oncoming traffic. He acknowledged having told a responding police officer that the sun’s glare hindered his view of the roadway, but he claimed that the statement was a result of nervousness during the moments that followed the accident.

Injury:

The injured father sustained a concussion, a laceration of his head, a fracture of his right leg’s tibial plateau, which is a component of the knee, a fracture of his left knee, a fracture of his left shoulder’s clavicle, a fracture of his right foot’s first toe and a fracture of a rib. His head’s injury also produced a subdural hematoma.

The accident victim was placed in an ambulance, and he was transported to Lutheran Medical Center, in Brooklyn. His hospitalization lasted four days.

The plaintiff’s treatment comprised a few weeks of physical therapy. He claimed that his concussion has produced lasting effects that include headaches, impairment of his ability to concentrate and impairment of his short-term memory. He further claimed that his residual effects prevented proper performance of his job’s duties and necessitated an early retirement.

The plaintiff sought recovery of damages for past and future pain and suffering.

The daughter sustained a fracture of her pelvis’s left superior public ramus, which is a component of the left hip, a fracture of her pelvis’s right superior pubic ramus, which is a component of the right hip, and a laceration of her right thigh.

She was placed in an ambulance, and she was transported to Lutheran Medical Center. Her right thigh’s laceration was closed via application of sutures. A doctor determined that she was too young to undergo surgical repair of her fractures, so the fractures were allowed to heal naturally.

The daughter retains a scar of her right thigh, but she does not suffer residual pain or limitations. Her father sought recovery of damages for his daughter’s past and future pain and suffering.

Defense counsel contended that the daughter’s injuries healed within a few weeks.

Defense counsel also contended that the injury victim did not sustain a lasting injury of the brain. The defense’s expert neuropsychiatrist opined that a post-accident psychiatric test produced normal results. Defense counsel contended that the plaintiff can resume his job.

Result:

During the trial, the parties negotiated a settlement of the daughter’s claim. The defendants’ insurer agreed to pay $150,000.

The jury found that the defendants were liable for the accident. It determined that the injured man’s damages totaled $900,000. That amount, plus the amount recovered via the settlement, totaled $1.05 million.

Father: $400,000 Personal Injury: Past Pain And Suffering; $500,000 Personal Injury: Future Pain And Suffering

Actual Award: $1,050,000

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Judge: Richard Velasquez

Editor’s Comment: This report is based on information that was provided by plaintiffs’ and defense counsel.